Guam § 63720 - Voting and Rulings.

§ 63720. Voting and Rulings.

(a) Voting by members of a general or special court-martial on the findings and on the sentence, and

by members of a court-martial without a military judge upon questions of challenge, shall be by secret

COL 2026-04-23

written ballot. The junior member of the court shall count the votes. The count shall be checked by the

president, who shall forthwith announce the result of the ballot to the members of the court.

(b) The military judge and, except for questions of challenge, the president of a court-martial without

a military judge shall rule upon all questions of law and all interlocutory questions arising during the

proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory

question other than the factual issue of mental responsibility of the accused, or by the president of a court-

martial without a military judge other than a motion for a finding of not guilty, is final and constitutes the

ruling of the court. However, the military judge or the president of a court-martial without a military judge

may change his ruling at any time during the trial. Unless the ruling is final, if any member objects thereto,

the court shall be cleared and closed and the question decided by a voice vote as provided in § 63720.18,

beginning with the junior in rank.

(c) Before a vote is taken on the findings, the military judge or the president of a court-martial without

a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to

the elements of the offense and charge them:

(1) that the accused must be presumed to be innocent until his guilt is established by legal and

competent evidence beyond a reasonable doubt;

(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused,

the doubt must be resolved in favor of the accused and he must be acquitted;

(3) that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower

degree as to which there is no reasonable doubt; and

(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon

Guam.

(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The

military judge of such a court-martial shall determine all questions of law and fact arising during the

proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a

court-martial shall make a general finding and shall on request find the facts specially. If an opinion or

memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.